54.01 Definition -- Form. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment need not contain a recital of pleadings, the report of a master, or the record of prior proceedings.
Rule 54.Judgments and Costs
Last amended July 1, 2013 · Last verified July 2, 2026
In one sentenceRule 54 defines “judgment” broadly to include any decree or appealable order, lets a court enter final judgment on fewer than all claims or parties only with an express finding that there is no reason to delay, limits relief in a default judgment to what was demanded, and sets which litigation costs the prevailing party automatically recovers versus which ones require the court’s discretionary approval.
Full Text of Rule 54
54.02 Multiple Claims for Relief -- Motion to Intervene.
1 When more than one claim for relief is present in an action, whether as a claim, counterclaim, cross- claim, or third party claim, or when multiple parties are involved, the court, whether at law or in equity, may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of the judgment adjudicating all the claims and the rights and liabilities of all the parties.
2 Notwithstanding the provisions of subsection (1), any order granting or denying a motion to intervene filed pursuant to Tenn. R. Civ. P. 24 shall be a final judgment for purposes of Tenn. R. App. P. 3.
54.03 Demand for Judgment. A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party's pleadings; but the court shall not give the successful party relief, though such party may be entitled to it, where the propriety of such relief was not litigated and the opposing party had no opportunity to assert defenses to such relief.
54.04 Costs.
1 Costs included in the bill of costs prepared by the clerk shall be allowed to the prevailing party unless the court otherwise directs, but costs against the state, its officers, or its agencies shall be imposed only to the extent permitted by law.
2 Costs not included in the bill of costs prepared by the clerk are allowable only in the court's discretion. Discretionary costs allowable are: reasonable and necessary court reporter expenses for depositions or trials, reasonable and necessary expert witness fees for depositions (or stipulated reports) and for trials, reasonable and necessary interpreter fees not paid pursuant to Tennessee Supreme Court Rule 42, and guardian ad litem fees; travel expenses are not allowable discretionary costs. Subject to Rule 41.04, a party requesting discretionary costs shall file and serve a motion within thirty (30) days after entry of judgment. The trial court retains jurisdiction over a motion for discretionary costs even though a party has filed a notice of appeal. The court may tax discretionary costs at the time of voluntary dismissal. In the event an appeal results in the final disposition of the case, under which there is a different prevailing party than the prevailing party under the trial court's judgment, the new prevailing party may request discretionary costs by filing a motion in the trial court, which motion shall be filed and served within thirty (30) days after filing of the appellate court's mandate in the trial court pursuant to Rule 43(a), Tenn. R. App. P.
Advisory Commission Comments
Advisory Commission Comments [1991].
Rule 54.04(3) [deleted in 2001] was formerly numbered Rule 43.06. It is moved here because it has to do with court costs rather than admissibility of evidence.
Advisory Commission Comments [1993].
The amendment to Rule 54.04 is consistent with the Supreme Court's opinion in Lock v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, 809 S.W.2d 483 (Tenn. 1991). The expanded rule defines discretionary costs, provides for a timely motion, and makes clear that a notice of appeal will not deprive the trial court of jurisdiction to entertain a motion for discretionary costs. If the plaintiff takes a voluntary nonsuit, Rule 41.04 gives the trial judge discretion to require payment of costs upon recommencement of the action. Revised Rule 54.04 would permit assessment of costs at an earlier date, assuming the defendant submits and the court enters an order formally dismissing the case pursuant to plaintiff's nonsuit. A motion for discretionary costs in that instance must be made within thirty days of entry of the order.
Advisory Commission Comments [1995].
This is a clarifying amendment to Rule 54.04(2).
Advisory Commission Comments [2001].
Interpreter fees are added to the list in subsection (2). Consequently prior subsection (3) on court appointed interpreters is no longer needed, as subsection (2) covers both privately retained and judicially appointed interpreters.
Advisory Commission Comments [2004].
Some experts, including medical doctors, are furnishing reports stipulated by adversaries to be accurate and truthful, thereby avoiding the necessity of a deposition. The amendment to Rule 54.04(2) would allow recovery of related expenses as discretionary costs.
Advisory Commission Comments [2005].
In some cases, the "prevailing party" under the trial court's judgment may not be the prevailing party following an appeal of the judgment. The amendment to Rule 54.04(2) provides a procedure for requesting discretionary costs in cases in which: (1) the appellate court's decision is a final disposition of the merits of the case; and (2) the appellate court's decision results in a new prevailing party. The amendment does not cover cases in which the appellate court's decision is not a final disposition of merits of the case, i.e., cases that are remanded for a new trial or for other proceedings on the merits; in such cases, a motion for discretionary costs may be filed following the trial court's ultimate judgment on remand.
Advisory Commission Comments [2013].
Tenn. Sup. Ct. R. 42 was amended (effective July 1, 2012) to govern the payment of costs for services of interpreters used in proceedings covered by that rule. Rule 54.04(2) was amended to provide that any "reasonable and necessary interpreter fees not paid pursuant to Tennessee Supreme Court Rule 42" may be allowed as discretionary costs.
Advisory Commission Comments [2014].
54.04: Effective July 1, 2012, Tennessee Code Annotated Section 20-12-119 was amended to add subsection (c) which authorizes the trial court, under certain circumstances, to award costs and reasonable and necessary attorney's fees to a party who prevails on a motion to dismiss for failure to state a claim upon which relief may be granted. Section 20-12-119(c) requires the party or parties whose claim or claims were dismissed to pay the awarded costs and fees.
Advisory Commission Comments [2018].
The 2018 amendment renumbers the current text of Rule 54.02 as subsection 54.02(1) and adds subsection 54.02(2), which, in conjunction with changes to Rule 24, Tennessee Rules of Civil Procedure, and Rules 3 and 4, Tennessee Rules of Appellate Procedure, provides for an appeal of right from a trial court's order granting or denying a motion to intervene. Effective July 1, 2018, any order granting or denying a motion to intervene shall be a final judgment, and a timely appeal of that final judgement shall be the only method to appeal the grant or denial of a motion to intervene.
Amendment History
- As amended by order entered January 23, 1986, effective August 1, 1986, and order entered March 18, 1986, by order entered January 25, 1991, effective July 1, 1991, and by order entered January 28, 1993, effective July 1, 1993.
- and by order filed February 1, 1995, effective July 1, 1995.
- by order entered January 23, 2001, effective July 1, 2001.
- and by order entered December 10, 2003, effective July 1, 2004.
- by order entered January 6, 2005, effective July 1, 2005.
- and by order filed December 18, 2012, effective July 1, 2013.
Plain-English Summary
Rule 54.01 defines “judgment” to include a decree and any order an appeal can be taken from, and it does not require a judgment to recite the pleadings, a master’s report, or the history of prior proceedings — a deliberate simplification meant to strip away the older distinctions between judgments, orders, and decrees at law and in equity.
Rule 54.02 addresses a case with multiple claims or multiple parties: ordinarily, an order resolving fewer than all of them does not end the case as to anyone, and stays open to revision until everything is decided. The court can convert such a partial ruling into an immediately appealable final judgment, but only by expressly finding there is no just reason for delay and expressly directing that judgment be entered — a deliberate, narrow exception to the general rule against piecemeal appeals, not a routine courtesy the court grants on request. A separate provision added in 2018 makes any order granting or denying a motion to intervene under Rule 24 a final judgment on its own, appealable without that express certification.
Rule 54.03 limits a default judgment to relief that does not differ in kind from, or exceed in amount, what the complaint demanded — protecting a defendant who never appeared from being surprised by a judgment broader than the one it chose not to contest. A judgment that follows an actual contest is not limited that way: the court can award relief a party is entitled to even if that party never specifically asked for it in its pleadings, as long as the issue was litigated and the other side had a real opportunity to defend against it.
Rule 54.04 splits litigation costs into two tracks. Costs the clerk includes in the bill of costs go to the prevailing party automatically, unless the court orders otherwise, though costs against the state and its officers or agencies are recoverable only to the extent some other law allows. Costs the clerk’s bill does not cover — court reporter fees, expert witness fees for depositions and trial, interpreter fees not otherwise covered by a separate court rule, and guardian ad litem fees, but not travel expenses — are recoverable only if the court exercises its discretion to award them, on a motion filed within 30 days after judgment. The trial court keeps authority to rule on that motion even after a notice of appeal is filed, and if an appeal changes who ultimately prevails, the new prevailing party can request these costs by a fresh motion filed within 30 days after the appellate court’s decision reaches the trial court.
Frequently Asked Questions
Can a court enter final judgment on only some of the claims in a multi-claim case?
Yes, but only in a narrow way. Rule 54.02 requires the court to expressly find there is no just reason for delay and expressly direct entry of judgment before a ruling on fewer than all the claims or parties becomes immediately appealable.
Can a default judgment award more than what the complaint demanded?
No. Rule 54.03 bars a default judgment from differing in kind from, or exceeding in amount, the relief the complaint demanded — a protection that does not apply to a judgment reached after the case was contested.
What costs does the prevailing party automatically recover?
Costs included in the clerk’s bill of costs, under Rule 54.04(1), go to the prevailing party automatically unless the court orders otherwise. Other costs, like expert witness and court reporter fees, are recoverable only if the court exercises its discretion to award them on a timely motion.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 54). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: final judgmentpartial final judgmentdiscretionary costsbill of costs
Advisory Commission Comments.
54.01:The definition of "Judgment" includes and makes no distinction between "Judgment," "Order" or "Decree."